Western Transportation & Coal Co. of Michigan v. Kilderhouse
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Buffalo, made July 17, 1880, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from order of the General Term of the Superior Court of the city of Buffalo, made July 17, 1880, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought by the plaintiff, as indorsee, against the defendant, as indorser, upon two promissory notes dated “Buffalo, ¡N. Y., August 7, 1875,” made by William H. Ingram, one being for $2,564.74, due October 15, 1875, the other for $1,282.37, due ¡November 16 thereafter, each payable with interest at seven per. cent, at the Third ¡National Bank, to the order of John…
1Opinion of the CourtDanforth, J.
As the plaintiff had judgment on the issues, and the findings of fact by the trial judge were not disturbed by the General Term, the order of reversal must stand, if at all, upon some error of law committed by him. (Code of Civil Procedure, § 1338.) The first ground of defense has been fully met by the finding that the notes were not tainted with usury, and this is clearly so, if, as is also found, they were given in execution of a contract made, not in Buffalo, but in Michigan, and with reference and subject to the laws of that State.
It is very well settled that penal laws have no…
2Cases cited5 opinions
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- First National Bank v. . WoodNew York Court of Appeals · 1877
- Wayne County Savings Bank v. . LowNew York Court of Appeals · 1880
- Manning v. . TylerNew York Court of Appeals · 1860
- Charles v. . the PeopleNew York Court of Appeals · 1848
3Cited by25 opinions
- Flash v. ConnSupreme Court of the United States · 1883
- Jones v. Fidelity Loan & Trust Co.South Dakota Supreme Court · 1895
- Patterson v. WymanSupreme Court of Minnesota · 1919
- Kortlander v. ElstonCourt of Appeals for the Sixth Circuit · 1892
- Strange v. Cooper Grocery Co.Court of Appeals of Texas · 1928
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